PART 1General (continued)

Other Documents

Marginal note:Issuance of documents to foreign vessels

21 The Minister of Transport may, at the request of the government of a state to which an international convention or protocol listed in Schedule 1 applies, issue in respect of a vessel registered in that state any document provided for by the convention or protocol, other than a Canadian maritime document, if the Minister is satisfied, in the same manner as in the case of a Canadian vessel, that the document may properly be issued. A document issued under this section must contain a statement that it has been issued at the request of that government.

Marginal note:Foreign documents

22 The Minister of Transport may refuse to accept a foreign document required for the operation of a foreign vessel if in the Minister’s opinion the conditions under which the document was issued do not comply with international agreements to which Canada is a signatory.

General Prohibitions

(a) wilfully destroy a document that is required under this Act to be kept;

(b) make or cause to be made a false entry in a log book required under this Act to be kept with intent to mislead or wilfully omit to make an entry;

(c) wilfully obstruct any inspector or other person or classification society or other organization that is exercising powers or performing duties under this Act;

(d) knowingly provide false or misleading information or make a false or misleading statement, either orally or in writing, to a person, classification society or other organization that is exercising powers or performing duties under this Act; or

(e) except as authorized under this Act, wilfully move a vessel that has been detained under this Act.

Tonnage Measurers

Marginal note:Appointment of tonnage measurers

24 The Minister of Transport may appoint persons, to be known as tonnage measurers, to calculate vessels’ tonnage under this Act.

Marginal note:Fees and travel expenses

25 A tonnage measurer may withhold the tonnage certificate in respect of a vessel until the person requesting it pays the tonnage measurer’s fees and travel expenses. The Minister of Transport may set limits on the fees and travel expenses that may be charged.

Marine Technical Review Board

Marginal note:Establishment

26(1) For the purpose of ensuring the safety of the marine industry, the Marine Technical Review Board is hereby established to make decisions on applications for an exemption from, or the replacement of, any requirement under the regulations in respect of a Canadian vessel or in respect of the issuance of a Canadian maritime document to a person, other than one with respect to fees.

Marginal note:Members of the Board

(2) The Board consists of a Chair, a National Vice-Chair and a maximum of five Regional Vice-Chairs.

Marginal note:Chair

(3) The Chair is appointed by the Minister of Transport and must be an employee of the Department of Transport who has expertise in marine matters.

Marginal note:Vice-Chairs

(4) The Vice-Chairs are appointed by the Chair and must be employees of the Department of Transport who have expertise in marine matters.

Marginal note:Delegation

(5) The Chair may delegate the Chair’s powers and duties to the National Vice-Chair.

Marginal note:Absence or incapacity

(6) In the event of the absence or incapacity of the Chair or if the office of Chair is vacant, the National Vice-Chair may exercise all the powers and perform all the duties of the Chair.

Marginal note:Striking panels

27(1) When an application is made under subsection 28(1), the Chair must strike a panel of at least three persons.

Marginal note:Constitution

(2) Each panel consists of the Chair and the persons appointed by the Chair.

Marginal note:Expertise

(3) Any person to be appointed to a panel, other than a Vice-Chair, must have expertise in the matter in respect of which the panel is struck.

(a) an amount fixed by the Minister of Transport for each day or part of a day that the panellist is performing duties under section 28, unless they are employed in the federal public administration; and

(b) reasonable travel and living expenses incurred by the panellist in the course of their duties under section 28.

Marginal note:Casting vote

(5) Matters before a panel are decided by a majority of the members of the panel. The Chair has a second vote in the case of a tie.

Marginal note:Panel decisions

(6) For greater certainty, a decision of a panel is a decision of the Marine Technical Review Board.

28(1) Any person may, in respect of a requirement set out in a provision of the regulations made under this Act that applies in respect of a Canadian vessel or in respect of the issuance of a Canadian maritime document to a person, apply to the Marine Technical Review Board for a decision to exempt the applicant from the requirement or to replace it with another requirement.

Marginal note:Form and manner

(2) An application must be made in the form and manner, include the information and be accompanied by the documents specified by the Board.

Marginal note:Further evidence

(3) In addition to the specified information and documents, the Board may require an applicant to provide evidence, including declarations, that the Board considers necessary.

Marginal note:Grant of application

(4) If the panel struck to decide the application is satisfied that the exemption or replacement is in the public interest and would not jeopardize marine safety or the marine environment and, in the case of an application to replace a requirement with respect to safety, the replacement would result in an equivalent or greater level of safety, the panel is to issue a decision granting the application, subject to any conditions and for the period that the panel considers appropriate.

Marginal note:Applicant to be notified

(5) The Chair is to notify the applicant of the decision to grant or deny the application.

Marginal note:Publication

(6) If the decision is to grant the application, the Chair must publish the decision in the manner that the Chair considers appropriate.

Marginal note:Duty to inform

(7) If a person has reason to believe that a decision to grant an application was based on false or misleading information or that the information provided with the application has changed, the person shall inform the Chair without delay.

Marginal note:Decisions based on false or misleading information

(8) If the Chair has reason to believe that a decision to grant an application was based on false or misleading information or that the information provided with the application has changed, the Chair may strike a panel in accordance with section 27 and the panel may confirm, cancel or vary the decision.

Marginal note:Contravention

(9) A contravention of a requirement that is substituted for another requirement as a result of a panel decision under subsection (4) is deemed to be a contravention of the original requirement.

Marginal note:Rules

(10) The Board must make rules respecting its procedure, with the approval of the Minister of Transport.

Marginal note:Annual report

(11) As soon as feasible after the end of each fiscal year, the Chair must submit to the Minister of Transport a report of the Board’s operations in that year.

International Conventions, Protocols and Resolutions

Marginal note:Schedule 1

29(1) Schedule 1 lists the international conventions, protocols and resolutions that Canada has signed that relate to matters that are within the scope of this Act and that the Minister of Transport has determined should be brought into force, in whole or in part, in Canada by regulation.

Marginal note:Schedule 2

(2) Schedule 2 lists the international conventions, protocols and resolutions that Canada has signed that relate to matters that are within the scope of this Act and that the Minister of Fisheries and Oceans has determined should be brought into force, in whole or in part, in Canada by regulation.

Marginal note:Codes and guidelines

(3) A convention or protocol includes any code or guideline that is attached to it.

Marginal note:Additions to Schedule 1 or 2

30(1) The Governor in Council may, by order, add international conventions, protocols and resolutions described in subsection 29(1) to Schedule 1 or described in subsection 29(2) to Schedule 2.

Marginal note:Order to be tabled and referred

(2) The Minister of Transport is to cause a copy of each order related to Schedule 1 and the Minister of Fisheries and Oceans is to cause a copy of each order related to Schedule 2, together with a description of the objectives of the convention, protocol or resolution, to be laid before each House of Parliament on any of the first 10 days on which that House is sitting after the order is made. The order stands referred to the appropriate standing committee of each House.